Ka Wai Ola - Office of Hawaiian Affairs, Volume 31, Number 11, 1 November 2014 — HONORING A COMMITMENT TO JUSTICE [ARTICLE+ILLUSTRATION]

HONORING A COMMITMENT TO JUSTICE

The Native Hawaiian Legal Corp. presented its 201 4 Native Hawaiian Advocate Award to former state and federal Judge Walter Heen, center, for his unyielding dedication to the betterment of the conditions of Native Hawaiians. Presenting the award, NHLC executive director Moses Haia hailed Heen's 1 986 ruling as an lntermediate Court of Appeals justice in the land title case Hustace v. Kapuni. In the case, a Native Hawaiian challenged the trial court's decision awarding title to his family lands on Moloka'i to another party, saying not enough steps were taken to identify those who may have had a elaim to the property. At the time, notice was primarily provided by newspaper ad. In his decision, Heen noted, "the consequences of quiet title actions are so severe that to have had one's interest in lands summarily taken away without an opportunity to respond is in violation of due process requirements and our sense of fairness and justice." Haia said as a result of the decision, plaintiffs in quiet title actions "must engage in an extensive search for people who might have a elaim to the property and ean no longer rely solely on notice of the lawsuit via newspaper publication without first reviewing various publicly available records." Heen, a former OHA trustee, lawmaker and head of the Democratic Party of Hawai'i, is pictured with NHLC's Moses Haia, left, and grandson Christian Heen. - Photo: UsaAsato